Warren Freedman - Böcker

As confidential information relating to the lives of millions of citizens continues to be stored in data banks and other electronic systems, Americans are becoming increasingly aware of potential and actual infringements of their right of privacy. What is less apparent, however, is precisely what this right consists of and how it may be protected. In his clear and straightforward exposition of the subject, Warren Freedman delineates the substance and parameters of the right of privacy, the practices that violate it, and available judicial remedies, incorporating practically oriented commentary on applicable case law. Written by an experienced legal professional, this book offers guidance on a timely and complex subject using a minimum of complex language.

This book is directed at practical applications and case law support for invoking forum non conveniens. It begins with a basic discussion of the evolution of the doctrine. The balance of the book is devoted to applying appropriate case law to a variety of situations. Likely opposing arguments, public policy notions, and the relationship of forum non conveniens to jurisdiction and venue are also considered. Virginia Journal of International LawAmerican multinational corporations face a unique problem with regard to products liability litigation instituted by foreign plaintiffs. In many cases, plaintiffs outside the U.S. file suits in U.S. courts despite the fact that the incident on which the suit is based took place in other countries. Such action is often taken because of features peculiar to the U.S. legal system, including the doctrine of strict liability, the availability of contingency fees for attorneys, and the prevalence of large awards to individuals in products liability cases. This informative study by a legal professional and products liability specialist focuses on a doctrine that can lessen liability exposure for multinational corporations. By successfully petitioning the courts under the doctrine of forum non conveniens, corporations may have court proceedings transferred to another jurisdiction, often outside the U.S., which has a direct connection with the incident and where potential liability exposure is greatly reduced. Following an introductory discussion of the evolution of this doctrine, Freedman documents its use with appropriate case law in a wide variety of situations.

A brief yet comprehensive and clearly written compendium of the most important federal energy, environmental, and natural resource statutes through 1982. Freedman's special talent is the ability to relate Congressional intent to the policy context within each act was written. . . . [This] is a sweeping panoply of statute summaries replete with citations, and is thus highly suitable as a reference work. ChoiceThis book discusses 69 major federal environmental laws that have a direct impact on companies operating in the United States. Coverage includes every major statute from the Refuse Act of 1899 through recent laws governing nuclear waste policy and solid waste disposal. The statutes discussed included those designed to provide compensation based upon proof of liability and those that establish statutory prohibitions and penalties. For each, the author provides an incisive analysis of the statute itself and of supporting court decisions to show how these statutes have been interpreted in practice.

Experienced attorney and sports enthusiast Freedman provides a comprehensive and extremely informative discussion of the antitrust legislation that affects professional sports--now undeniably a major business in the United States. In addition to thorough coverage of such legal aspects of professional sports as exemption and non-exemption from antitrust laws, anti-competitive practices, restraints of trade, and state regulation, Freedman also provides relevant case law and supporting decisions throughout. Following an introductory section outlining the history of professional sports law and an overview of legal relationships in professional sports, Freedman traces the experience of each of the major sports--baseball, football, basketball, hockey, boxing, wrestling, tennis, golf, and soccer--as pertains to antitrust laws. He offers an incisive analysis of monopolistic aspects of professional sports and other anti-competitive practices against the professional athlete and also examines state regulations and tort and contract liability in professional sports. He concludes with a chapter on the relationship between professional sports and First Amendment freedom of expression.

With court calendars already overcrowded and the number of civil cases steadily mounting, prolonged litigation and successive lawsuits are becoming an increasing burden on plaintiffs, defendants, and the court system alike. The doctrines of res judicata and collateral estoppel, which are well respected by both the bench and the bar, offer the best means for avoiding such situations and for reaching swift and definitive judgement. This volume is the first work to provide clear, fully documented discussion of the subject, even for the nonspecialist attorney or manager. Written by a seasoned legal professional, it incorporates citations and systematic analyses of the most recent applicable case law.

The author offers an extensive survey of the most important court decisions that have attempted to delineate the rights of those who want to express their views and those who want to control access to private property. Among the other topics discussed are commercial speech, political advertising, picketing, and pornography. Extensively documented; it contains a selected bibliography, a subject index, and a case index. Written with a legal audience in mind, but may be read with profit by others interested in the topic. For upper levels. ChoiceThis book offers an informed discussion of the legal issues involved in free speech on private property and examines the important cases that have established precedents for protected forms of speech in quasi-public forums. Following a general introduction to the freedom of speech issue, Freedman explores the evolution of legal thinking on the subject by examining such developments as restrictions on freedom of speech, state action under the First and Fourteenth Amendments, governmental speech restrictions on private property, picketing, petitioning, and electioneering, as well as the issue of pornography under the First Amendment. Throughout, the discussion is presented in a readable yet fully documented format. Guidelines for the regulation of interest groups and their activities on private property are also provided.

To what extent should media coverage of criminal court proceedings be permitted? The central issue is how to strike a balance between the public's right to information and the individual's right to privacy. Freedman reviews the underlying legal principles and constitutional issues and describes important case law. He analyzes situations in which photographing, broadcasting, and televising in the courtroom are currently allowed and examines the relationship between the presence of media equipment during criminal trials and the actions of trial lawyers. The issue of media coverage as it relates to civil trials is also addressed, and British practices regarding press and media coverage of court proceedings are offered for comparison. Legal Information AlertFreedman here presents a comprehensive discussion of an issue of growing importance to both the legal profession and the communications industry: the extent to which media coverage of criminal court proceedings should be permitted. As Freedman points out, the central question is how to strike the appropriate balance between the public's right to information and the individual's right to privacy. In Press and Media Access to the Criminal Courtroom, he reviews the underlying legal principles and constitutional issues, describes the important cases that have shaped current legal thinking, and provides citations of the applicable case law.

Although the U.S. Constitution guarantees those accused of a crime the right to a speedy and fair trial, in practice the judicial system is increasingly characterized by excessive trial delays and unfair trial situations. Here Warren Freedman, a member of the New York, Connecticut, and U.S. Supreme Court bars, offers a comprehensive discussion of the constitutional and statutory provisions underlying the right to a speedy and fair trial and examines their application in actual court practice. As Freedman notes, the mounting costs of lengthy litigation periods dictate that--if only for pragmatic reasons--the constitutional rights of accused criminals to speedy and fair trials must be respected.Freedman begins with an introduction to the concept and historical background of the speedy and fair trial. Turning to an examination of constitutional guarantees, he fully reviews the sixth and fourteenth amendments and their interpretation by the courts. Subsequent chapters examine the criteria for speed and fairness, the role of the jury, and related statutes such as The Speedy Trial Act of 1974, as well as grand jury investigations and prosecutorial abuses of the legal principles that guarantee speed and fairness. Throughout, analyses of applicable case law and precedent-setting court decisions illuminate the discussion. An indispensable resource for attorneys in criminal, corporate, and private practice, this volume clearly delineates not only the foundations of speedy and fair trial guarantees but also the many factors that can work against them in today's often overburdened judicial system.

In his latest work, Freedman seeks to establish a contemporary tort of discovery abuse. As he notes at the outset, the discovery process has become a central feature of modern litigation. He deals with the ways in which this interrogatory process can be abused, leading to excessive, costly delays in pretrial hearings and in subsequent litigation, if not settlement of the case. Discovery abuse places onerous demands on litigants who can be forced to produce documentation in such quantities, for example, that the costs involved discourage further litigation. At the outset, Freedman fully examines the nature of the discovery process itself, including international discovery procedures, and then explores abuses of the process and their ramifications for future litigation.Organized in two main parts, the book begins with an introductory overview of the discovery process in general. Subsequent chapters address issues such as American Bar Association standards for discovery and procedure before the criminal trial; federal, state, and civil discovery procedures; non-party access to discovery materials; discovery in arbitration; and discovery procedures abroad. The second section reveals the nature of the abuses of the discovery process, including the destruction or spoliation of evidence, abuses connected with the Freedom of Information Act, and discovery abuses in the insurance field. The book concludes with chapters devoted to sanctions and remedies for discovery abuse and the Freedman's recommendation for the intentional tort of discovery abuse. Both a practical handbook for corporate attorneys and an ideal supplemental text for courses in business law, this volume offers a clear and comprehensive treatment of a growing problem in litigation proceedings.

Written as a comprehensive reference for personnel managers, vice presidents in charge of human resources, and for practicing attorneys, The Employment Contract addresses both the historical development of the employer-employee relationship and current legal practice. In addition to thorough coverage of the many legal and nonlegal concepts and precedents involved, Freedman also offers in-depth analysis of such timely issues as the impact of AIDS on anti-discrimination statutes and problems of sexual harassment in the workplace. Throughout, the discussion is illustrated with ample references to applicable case law.Freedman begins by exploring the traditional master-servant relationship and its impact on beginning concepts of the employment contract. He goes on to trace the law's response to various issues affecting the rights and responsibilities of employers and employees including the termination and dismissal of employees; age, racial, sexual, and religious discrimination; the discriminatory problems of the handicapped; and other federal statutes such as unemployment compensation, the Fair Labor Standards Act, and the Employee Retirement Income Security Act (ERISA). In a separate chapter devoted to workplace injuries, federal statutes such as Workmens' Compensation and the Federal Employers' Liability Act also receive thorough treatment. The volume concludes with comprehensive discussions of liability to third parties, noncompetitive covenants, unions, and migrant and alien employees.

The procedures of summary judgment as well as other preclusive devices have been hailed by many as an effective solution to the current overload facing American courts. In addition to promising speed, these alternative methods also contribute to reduced legal and court costs. Freedman presents a comprehensive discussion of the major preclusive legal mechanisms, amply supported by relevant case law and decisions. The author not only describes the use of such devices in detail but also indicates the circumstances under which such actions are most likely to be successful.Following an introduction, Freedman presents an in-depth treatment of the motion for summary judgment and adjudication without trial. A general chapter on accelerated judgments is followed by a detailed description of the declaratory judgment. Subsequent chapters explore the uses of various preclusive techniques including provisional remedies, requests for admission and other time-saving devices, intervention and interpleader, release-dismissal and settlement agreements, bifurcation, and the summary jury trial. A separate chapter is devoted to the preclusive doctrines of res judicata and collateral estoppel, while the concluding chapter discusses court sanctions for nonpreclusion. Taken as a whole, this is a cogent, well-documented exploration of the use of preclusive methods in contemporary litigation.

With more than 11,000 deaths and over two million injuries and diseases attributed to workplace-related hazards each year, the prevention of injuries, death, and disease in the workplace has been of increasing concern to lawyers, labor unions, government officials, insurance companies, and legal scholars. In this volume, noted legal specialist Warren Freedman presents both a comprehensive exposition of common workplace hazards and a detailed survey of the applicable statutes, case law, and court decisions that have developed in this growing field of litigation and regulation. The author treats in depth key issues such as how to identify specific exposures in the workplace, the problem of drug testing, the roles of involved parties, and theories of liability. Practicing attorneys, government policy-makers, and union executives will find this an indispensable resource when dealing with the complexities that surround claims and regulation in this area.Following an introductory overview, Freedman examines the recognition of workplace-caused disability, the payment of benefits, and the rehabilitation experience. He then turns to a discussion of specific exposures encountered in the workplace including cancer risks, chemicals, acid rain and other pollutants, radiation, smoking, repetitive trauma, and others. Alcoholism and drugs in the workplace receive extended coverage in two chapters that address central questions such as product liability and alcoholism, pinpointing criminal responsibility, and the constitutionality of drug testing. Turning to an examination of the individuals involved in occupational injury, disease, or death suits, Freedman explores the roles of the plaintiff-claimant and his or her family, the defendant employer, and third parties who may become part of a court action--the government, product manufacturers, technical experts, OSHA, insurance companies, and others. Subsequent chapters discuss theories of liability and remedies, defense of employees' claims, procedural aspects of litigation, and the effects of particular cases and statutes.

This important new book presents a clear and systematic analysis of the right or privilege to keep and bear arms within the meaning of the Second Amendment to the United States Constitution. Attorney Warren Freedman provides the answers to the arguments put forth by the National Rifle Association and arms manufacturers and dealers. He carefully annotates the Second Amendment and delineates the historical background to it. How federal and state courts have interpreted the Second Amendment is also scrutinized. Limitations on the privilege to keep and bear arms are examined under the police power of the states and the federal government. This is followed by an analysis of federal and state legislation dealing with gun control. Freedman advances an intriguing idea: civil liability on the part of gun manufacturers, gun distributors, and dealers in firearms and guns. What happens when the victim decides to sue a person or persons other than the actual assailant? His theory of negligent entrustment provides a basis for suit by the victim of a gun assault, just as products liability law and dram shop acts take over.Whether the reader agrees or disagrees with Freedman's analysis and conclusions, his book is essential reading for anyone concerned with this politically volatile issue.

In dealing with recent advances in biological engineering and human reproduction, we are confronted with legal, ethical, and religious questions for which there are no precedents. Warren Freedman undertakes a comprehensive examination of this topic. Sorting through the tangle of issues surrounding artificial insemination, surrogate motherhood, and other aspects of contemporary reproduction trends, Freedman attempts to clarify the rights and responsibilities of individuals, families, and society in the face of these new developments.The author begins with a survey of the legal implications of nontraditional approaches to conception and birth. Separate chapters are devoted to artificial insemination and surrogate motherhood; and new concepts such as cryo-preservation, in-vitro fertilization, banking of sperms and eggs, and patentable new organisms are also discussed in detail. The author addresses questions of rights and liabilities as they apply to fetuses, donors, and adoptive parents, as well as the role of physicians and parenthood organizations, researchers, corporations, and government. Following a review of existing statutes, policies, and contracts that attempt to deal with these issues both here and abroad, he presents proposals that may aid in achieving equitable, uniform solutions. Freedman's book will be of interest to any citizen, group, or government agency concerned with these vital questions, and to professionals in law, government, medicine, human services, and industry.

Designed as an important tool for developers, unit owners, attorneys, real estate agents, insurance agents/brokers, and management consultants, The Law of Condominia and Property Owners' Associations is also of interest to government officials and others involved with this area of the law. This single-volume resource, including appendixes, offers the reader applicable forms, details of important state statutes, and other useful how-to information.Chapter 1 delves into the history and legal development of condominia, while Chapter 2 describes the nature of property owners' associations. The players in this drama as well as the documents vital to their roles are delineated in Chapter 3 and 4. Details of the operation of the condominium association itself are found in Chapter 5, followed by rules and regulations for condominia in Chapter 6. Chapter 7 focuses on the role of the developer, with particular emphasis on his/her liabilities. Chapter 8 is reserved for the role of the federal government, and the final two chapters focus on the day-to-day problems of condominium operations, including such important issues as availability of municipal services, the licensing of managers, cable access, and tax districts. The eight appendixes provide valuable forms and other information of interest to the practitioner.

Business professionals and business managers are guilty of malpractice when they fail to meet the high standards of conduct and ethics governing their professions or when they engage in conduct that injures others. Freedman explores the nature of malpractice using commonly understood codes of ethics and statements of principles for 17 professions, and then looks at the practices closely in the light of court decisions. He also considers professional malpractice insurance and the right of professionals to determine for themselves whether the gains to be had from settling a malpractice claim outweigh whatever benefits they might achieve from entering into litigation. Not just for attorneys but of special value to their clients as well, Freedman's book guides professionals through the principles of malpractice law, and in a readable, informative way helps protect them against the risk of putting themselves into a position where a malpractice suit might be brought against them.

Freedman focuses on investigation of employees by their companies and organizations, delineating the rights and obligations of the employer and the rights and privileges of the employee in the employment relationship. Internal company investigations have in recent years become widespread as companies and corporations seek to ferret out internal problems. Officers and directors as well as employees have been subjected to the internal investigative process. But the content of these internal investigations and the precise procedures utilized by the company or corporation are simply unknown for the obvious reason that no company or corporation wants to publicize the fact of investigation, or wash its dirty linens in public! Unless such inside secrets are disclosed in the course of litigation, the author of any text on internal investigations cannot detail the pragmatic substance of the internal investigation. The point is simply that the internal investigation process generally remains confidential until disclosed by the participants.There are, however, guidelines to the internal investigation that are available, and the author has utilized every known facet of the investigative process to spotlight what the internal investigation is all about. Factors such as the right to privacy; whistleblowing; discrimination based on age, sex, race, national origin, religion, etc.; drug-testing and alcohol-testing; as well as prime causes of discharge or termination of employment are all relevant, and are delineated hereinafter. In most instances, these factors are evidenced by decided cases, thereby establishing precedents and background for the author's conclusions. In view of the increasing amount of litigation in this field, Freedman's treatise will be valuable to bench and bar, and as a guide will be useful to executives in corporations and organizations throughout the private and public sectors.

Amid great concern for universal health care is succinct, well documented, accessible review of malpractice liability in health care and related professions. Freedman explores the nature of malpractice using commonly understood codes of ethics and statements of principles promulgated by the major associations of the health care industry itself, and then looks at malpractice liability from the viewpoint of court decisions and the fact patterns on which they are based. He also considers professional malpractice insurance and the right of health care industry professionals to determine for themselves whether the gains to be had from settling a claim out of court might outweigh the potential benefits from a successful litigation. Not just for attorneys but for their clients too, Freedman's book guides professionals through the principles of malpractice law, and in doing so provides them with guidance they need in today's malpractice crazed society.

A concise, well-documented review and discussion of the exposure that lawyers and others in law-related professions have to malpractice suits against them in this malpractice crazed U.S. society. Warren Freedman makes clear that except for product liability suits, malpractice suits are the most litigated legal actions in civil matters, and points out that professionals in these fields are held to higher standards of conduct and ethics than their counterparts in many other fields. He discusses the facts and rulings in various, representative cases and, in so doing, provides lawyers and professionals in related fields with awareness of what they can and cannot do, and what the consequences can be if they behave unethically. A valuable resource for professionals, graduate students, professors of law, government officials, and civil liberties experts.